Blog

Extraordinary Employee Misconduct: Hitting on Arrestees!
January 8, 2019
I was both shocked and amused by a case involving a trooper who was fired after he hit on a female motorist after arresting her! While he was on a last chance agreement for (wait for it…) hitting on another female motorist after arresting her!
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ICE Reports Massive 2018 Workplace Investigations Increase; More to Follow in 2019
January 6, 2019
As is now generally common knowledge, the Trump administration has made immigration enforcement a top priority.
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Will Boston Symphony Orchestra Equal Pay Lawsuit Provide Clarification? Maybe Not
January 6, 2019
Boston Symphony Orchestra’s principal flutist, Elizabeth Rowe, filed a lawsuit in Superior Court against the Orchestra alleging that she was paid less per year than the principal male oboe player because of her gender.
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Oh, the Weather Outside is Frightful (I think I Need a Sick Day)!!
January 2, 2019
If you are in a state with mandatory sick leave, employees may be invoking their right to no-questions-asked leave when you otherwise prohibit any excuses.
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Employers May Be Impacted by Changes to 2019 H-1B Visa Application Process
January 1, 2019
Employers who have sponsored H-1B Visas for foreign workers know that the process to do so is no easy task.
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Update on Legalization of Medical Marijuana in Missouri
January 1, 2019
On November 6, 2018, Missouri voters overwhelmingly approved a constitutional amendment (“Amendment 2”) to legalize medical marijuana.
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Changes Coming to Massachusetts and Connecticut on January 1, 2019
December 30, 2018
2018 was a busy year in employment law for Massachusetts and Connecticut.
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EEOC and Employee Wellness Programs: The Saga Continues
December 27, 2018
With a week to spare before the AARP v. EEOC court decision to vacate regulations concerning wellness program incentives goes into effect, the EEOC rescinded parts of its May 2016 rules.
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Are Safety Rules and Requirements Mandatory Subjects of Bargaining?
December 26, 2018
On November 20, the NLRB considered an employer’s unilateral change to safety procedures.
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The Missouri Human Rights Act Does Not Apply Outside of Missouri
December 26, 2018
In Dwight Tuttle v. Dobbs Tire & Auto, Inc., No. ED106615 (Dec 18, 2018), Robert Younger and Dean Kpere-Daibo of McMahon Berger successfully defended an age discrimination and retaliation suit brought pursuant to the Missouri Human Rights Act where the Plaintiff was employed in Illinois.
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Leaving Work Early Due to Fear of Rush-Hour Traffic Is Not a Reasonable Accommodation
December 26, 2018
An employee requested that she be permitted to leave work early every day due to her anxiety triggered by driving home in heavy traffic.
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Massachusetts: Employers’ Rights Under Recreational Marijuana Law May Soon Go up in Smoke
December 26, 2018
The burning question for most employers was whether they could fire or otherwise discipline employees who legally use recreational marijuana.
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